Should I Go to the Hospital or ER after a Car Accident in Ohio?
Posted in: Car Accidents
When we think of distracted drivers, we often think of people texting or using their phones, but it’s much more than that. Common activities like drinking coffee or chatting with a car full of friends can cause drivers to be preoccupied.
If you were hurt because someone wasn’t paying attention to the road and their driving, the consequences shouldn’t be on your shoulders alone. An experienced Ohio personal injury attorney can help you recover from an accident caused by a distracted driver, whether by helping you with insurance claims or suing the party at fault.
Call KNR today at 1-800-HURT-NOW or use the online form to schedule a free consultation.
Almost everyone multitasks while they drive, so many people question the level of activity it tasks to truly distract someone from driving. The truth is it doesn’t take much. Any time drivers take their eyes off the road, their hands off the wheel, or let their minds wander away from the task at hand, they’re distracted. Safe driving takes visual, manual, and cognitive attention.
If you’re turning around to yell at your kids in the back seat, digging around for a CD or your iPod, or trying to make a to-do list in your head while driving on auto pilot, you’re distracted.
People often take for granted how much attention the task of driving requires and believe that after years of practice, they can do more than one thing at once. However, it’s this attitude that leads to distracted driving, and inattentive drivers cause accidents.
There’s no doubt that the rise in mobile phone use has contributed to distracted driving. Cellphones aren’t for calling friends and family anymore. Now, they can be used to text, receive directions, check email, watch videos, and more. All of these features mean there are numerous notifications going off at any given time and an endless temptation to check these alerts while people drive.
Using a phone while driving means people take a hand off the wheel and – even though they seem like brief glances – take their eyes off the road. Reading a notification or text and choosing to respond takes people’s minds away from driving and has them focused on their phones.
Many people argue voice activation and headsets make talking and texting while driving much safer, but this isn’t always true. If a driver is paying more attention to the conversation than driving, he or she could still be too preoccupied to avoid a collision.
Recent research has shown distraction plays a significant role in teen crashes – more than authorities previously thought. Teenagers are particularly susceptible to the desire to text and drive. However, it isn’t just mobile phones taking teens’ eyes off the roads. Interacting with passengers often leads to crashes as teens are more attentive to their friends than driving. Looking for something inside the car, looking at something outside the car, and singing and dancing are also common causes of dangerous inattention.
Teenagers are used to being on their phones all of the time, but when mixed with their inexperience behind the wheel, cell phone use and driving can be deadly.
When you are injured in a car crash because the other driver was distracted, whether because they were on their phone or focused on something else, they may be found negligent and liable for your various damages. Your lawyer can represent you in pursuit of compensation for all your physical, emotional, and financial losses. Through an insurance claim or personal injury lawsuit, KNR will fight hard for you to recover your:
Many distracted driving accident cases settle out of court. However, do not expect a quick and easy insurance claims process. Insurance companies will work hard to reduce what they owe by denying their policyholder was distracted or suggest you share more responsibility. While an insurance claim might be the ideal situation, you may also need to file a lawsuit and present evidence the other driver’s distraction caused your accident and injuries.
To recover maximum compensation after a distracted driving accident, you will need evidence that the other driver was not paying attention. This is not always simple. It can be difficult to prove the someone was texting at the time the collision occurred. However, your lawyer should know how to gather direct and circumstantial evidence to support your claim of distracted driving.
A few ways to prove driver distraction are:
An experienced car accident lawyer will typically use the discovery process that occurs after filing a lawsuit to subpoena documents, data, and video and to depose witnesses to gather this information.
If you were hurt by a distracted driver, your best course of action may be to head to court. Considering your medical expenses, lost income, pain and suffering, disability or disfigurement, and other financial and emotional injuries, recovering from the negligent party may be what helps you get back on your feet.
An Ohio personal injury attorney at KNR can help you determine if a lawsuit is your best course of action, and if it is, will do his or her best to maximize your recovery. Call today at 1-800-HURT-NOW or use the online form to schedule a free consultation.